CASI July 2023 Charter Chat Resource PageInformation and resources from the July 2023 Charter Chat, presented by the Charter Authorizer Support Initiative (CASI).
Charter Chat Topics
- Legislative Updates
- Program Hot Topics
- Fiscal Hot Topics
- State Board of Education Updates
- Upcoming Events
- July Charter Chat Q&A
- Q&A from Previous Charter Chats and CASI Email
The Budget Trailer Bill (Senate Bill [SB] 114 ) was signed by Governor Newsom on July 10, 2023, and took effect July 1, 2023. Included in the bill were the following items regarding charter schools:
- One-year extension on charter terms (Education Code [EC] Section 47607.4). See the California Department of Education (CDE) Charter School Renewals web page for additional information.
- One-year extension on nonclassroom-based (NCB) moratorium until 2026 (EC Section 47612.7) See the CDE Temporary Prohibition on New NCB Charter Schools web page for additional information.
- Abuse of Discretion (EC Section 47605)
- a. Defines the standard as the most deferential standard for review in favor of districts and county offices of education (COEs)
- b. Restricts appeals to the State Board of Education (SBE) only if both district and COE abused their discretion
- Mandates a study of NCB charter school funding by the Legislative Analyst Office (LAO) and the Fiscal Crisis and Management Assistance Team (FCMAT) to study the process to include recommendations for enhancing oversight and reducing fraud, waste, and abuse. (EC Section 47612.7)
- Local Control and Accountability Plan (LCAP) mid-year reports required by February 28 for all local educational agencies (LEAs) regarding actions and expenditures (EC Section 47605.5)
- Delay the 10:1 staffing requirement for Transitional Kindergarten (TK) until 2025–26
- Delay the early childhood credential additions for TK teachers until 2025–26 (fulfills Assembly Bill [AB] 1555)
- AB 1507 (Smith, Statutes of 2019) created numerous newly configured charter schools due to limitations on where charter schools could be located. The Budget Trailer Bill includes definitions for these newly configured schools which were developed to address school funding impacts.
Here is some of the revised Education Code language which took effect on July 1, 2023:
|Education Code||Previous Text||Revised Text|
|Section 47605||(E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority.||(E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of
|Section 47606.5||(e) The charter school shall consult with teachers, principals, administrators, other school personnel, parents, and pupils in developing the local control and accountability plan and annual update to the local control and accountability plan.||(e) (1) The charter school shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing body of the charter school.
(2) The report shall include both of the following:
(A) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan.
(B) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan.
|Section 47607.4||Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years.||Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years, and all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, shall have their term extended by one additional year.|
(a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2025, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited.
(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
(a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2026, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited.
(d) (1) No later than October 1, 2023, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall study the processes used to determine funding for nonclassroom-based charter schools.
Below are summaries of other bills CASI is currently monitoring.
- AB 1054 (Berman) This bill would require the governing boards of districts and charter schools to adopt, based on a particular timeline, a plan to offer a computer science class for grades 9–12 which would teach students how to use a computer and why a computer works as well as increase the underserved populations in joining the computer science profession. Schools would need to annually submit data to the CDE on the computer science class, including the content standards covered, the demographics of the students and the demographics and credentials of the teachers. The bill passed the Education Committee, passed the Assembly, and was ordered to the Senate. It is currently in the Senate Education Committee and has been amended to include updated statistical information for 2023. It has been re-referred to the Education Committee.
- AB 1555 (Quirk-Silva) This bill would extend the credential requirements for transitional kindergarten from August 1, 2023, to August 1, 2028. This bill was amended April 19, 2023, to change the extension to August 1, 2025, instead of 2028. It passed out of committee to the Assembly floor on consent and then passed from the Assembly to the Senate on April 27, 2023. As of June 7, 2023, the bill passed the Senate Education Committee and was re-referred to Appropriations where it passed Senate Appropriations. It was ordered to the Senate floor for the second reading and ordered to the consent calendar for June 27, 2023. It is included in SB 114.
- SB 10 (Umberg/Cortese) This bill would require opioid overdose training and prevention be included in the safety plans for all schools. This bill moved out of suspense, passed from Appropriations, passed the Senate and moved to the Assembly and ordered to committees on Education and Health.
- To follow current legislation at the California Legislative Information
- Under "Quick Bill Search," select either "Bill Number" or "Keyword(s)"
- Enter the bill number or keyword, respectively
- Once the desired bill is located, click "Add to My Favorites." This will prompt the user to create a profile and receive email updates on the status of the desired bill.
- Charter School Renewals On July 21, 2023, the CDE sent a letter to superintendents and charter school administrators providing guidance on the one-year extension for charter school terms under Budget Trailer Bill (SB 114). SB 114 amended EC Section 47607.4 to automatically extend the terms of charter schools that expire on or between January 1, 2024, and June 30, 2027, by one additional year. The extensions to charter terms permit renewals based upon the most current, post-pandemic assessments, and allow charter school renewals to be based on the renewal tiers set out in EC sections 47607 and 47607.2. In order to ensure the availability of sufficient data, charter renewals may be heard beginning in fiscal year 2024–25 and/or at the conclusion of the year immediately preceding the final year of the charter school’s term. The CDE recommends the process begin with sufficient time for appeals, if needed, before the charter term has expired. The CDE has automatically updated the charter terms for charter schools impacted by this extension. To view the expiration date of a charter school, visit the Charter School Database.
- Williams Monitoring SB 114 modified, in part, EC Section 1240 as it relates to the development of a revised list of schools eligible for Williams monitoring.
With this in statute, the existing list of schools eligible for monitoring by COEs, developed by the CDE for 2021–22, will remain in place through the 2023–24 school year. This list of schools is available on the Williams Case – Schools Eligible for Monitoring web page. Additional information, including a list of related frequently asked questions, is also available on this web page.
The CDE developed this list of schools based upon the criteria required by EC Section 1240, as follows:
- All schools eligible for Comprehensive Support and Improvement and Additional Targeted Support and Improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95)
- Or low performing schools as defined under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act
- All schools where 15 percent or more of the teachers are holders of any authorization that is a lesser certification than a preliminary or clear California teaching credential (The list of schools excludes alternative schools defined in EC Section 52052(d) and other schools accepted for participation in the Dashboard Alternative School Status program.)
EC Section 1240 prescribes the duties, responsibilities, and general powers of COEs, including the jurisdictional monitoring of schools, including charter schools, for the following issues:
- Teacher misassignments and teacher vacancies, pursuant to EC Section 44258.9
- Instructional materials sufficiency, pursuant to EC Section 60119
- School facilities, pursuant to EC Section 17592.72
- The accuracy of data reported on school accountability report cards with respect to instructional materials sufficiency and conditions of school facilities
COEs and local educational agencies should review EC Section 1240 to confirm their understanding of the continued monitoring and reporting requirements of the law.
The CDE offers extensive specific guidance on each of these issues, including links to specific laws, frequently asked questions, and more, as its recently revised Williams Case web page.
If you have any questions about the schools eligible for monitoring under the Williams Case, please contact the Analysis, Measurement, and Accountability Reporting Division by email at Dashboard@cde.ca.gov.
- Appeals to the SBE The SBE Appeals web page has been reorganized and updated to include appeal submission deadlines for the 2023–24 fiscal year.
- Pupil Estimates for New or Significantly Expanding Charters Pupil Estimates for New or Significantly Expanding Charters (PENSEC) are due by July 31, 2023, for the 2023–24 fiscal year. The PENSEC allows for new or expanding charters to receive advance apportionment funding based on the PENSEC and Charter 20-Day Attendance Report. See the CDE website for further details.
- 45-Day Budget Revise Per EC Section 42127(h), all LEAs have the option to file a revised budget 45 days after the Governor has signed the California Budget into law. This revision allows LEAs to start the fiscal year with accurate budget information based on significant changes to revenues and expenditures. Governor Newsom signed the California Budget on June 27, 2023. All 45-day revisions are due by August 13, 2023.
- The August Advisory Commission on Charter Schools (ACCS) meeting was held on August 8, 2023. The ACCS web page has been updated to include meeting dates for the 2024 calendar year.
- The SBE meeting was held July 11–12, 2023. The agenda included:
- Adoption of the 2023 Mathematics Framework for California Public Schools, Kindergarten through Grade 12
- Adjustments to the 2023 Dashboard Chronic Absentee Indicator
- Consideration of NCB funding determinations
|Event Date||Event and Registration Information|
August 30, 2023
10 to 11 a.m.
Charter Chat Q&A
Will charters have to send the Local Control and Accountability Plan (LCAP) mid-year report to their authorizer?
There is no statutory requirement for a charter school to send their LCAP to their authorizer. It is considered a best practice for authorizers to request and review the LCAP from charter schools as a part of their oversight, which may include the new mid-year LCAP requirement.
When will the next California Department of Education (CDE) Performance Category list be available?
On October 13, 2022, the CDE provided a letter Updates on Data for Charter School Appeals and Renewals to County and District Superintendents and Charter School Administrators. This letter projects that the next Performance Category list will be available in early 2024.
Is there funding to support the opioid training program required under Senate Bill (SB) 10?
In the executed Budget Trailer Bill (SB 114) which the governor signed on July 10, 2023, and took effect upon signature, the following information was included:
(27) Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at the school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified.
Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, this bill would appropriate $3,500,000 from the General Fund to the State Department of Education for allocation to county offices of education for the purpose of purchasing and maintaining a sufficient stock of emergency opioid antagonists for school districts and charter schools within their jurisdiction to maintain a minimum of two units at each middle school, junior high school, high school, and adult school schoolsite, as provided. The bill would authorize the department to allocate up to $350,000 of those funds to county offices of education for administrative costs, as provided. The bill would require, as a condition of receipt of these funds, county offices of education to, among other things, coordinate the purchase of and maintain a stock of emergency opioid antagonists, as provided.
However, there is no indication in the Budget Trailer Bill that any additional funds were set aside for training.
What should an authorizer look for when attending a charter school board meeting?
The Santa Clara County Office of Education (SCCOE) has provided a sample charter board meeting checklist
. This checklist includes: meeting format (virtual, in person, hybrid), location of the meeting, agenda review items, and meeting review items.
Are charter schools required to offer Transitional Kindergarten (TK)?
No, charter schools are not required to offer TK. The California Department of Education’s (CDE) position was previously expressed differently. Additional guidance can be found on the CDE’s Universal Prekindergarten FAQs web page.